On lobbying, Baird's offence becomes the Conservatives' defence

The government is trying out a new defence -- or maybe it's offence -- as the opposition parties continue to link former Conservative MP Rahim Jaffer to improper lobbying of government officials.

The Liberals say Jaffer contacted as many as eight cabinet members on behalf of clients, even though he never registered as a lobbyist.

Today, during question period, Transport Minister John Baird said he had a case that's even worse.

Baird said the website of a Toronto law firm, Sun and Partners, advertises Liberal MP Derek Lee as counsel, and that his work for the firm includes ... lobbying. (Check out the paragraph above the section "About Derek.") (UPDATE: this page is now blank)

Baird went on to ask who Lee lobbied for, when he says in his profile that he's acted for foreign and off-shore organization in obtaining licences, regulatory and government approval for mergers and acquisitions, or when he lobbies government on policy issues.

''When he calls a minister's office, who is he fighting for?" Baird asked. "Is he fighting for his constituents or some foreign, well-paid interests.''

Lee did not respond to calls from the CBC, but his office says he would be releasing a statement, which has just come in:

"Like several other Parliamentarians, I am a legal counsel to a law firm. I disclosed to the Office of the Conflict of Interest and Ethics Commissioner my relationship with Sun & Partners Barristers & Solicitors and am in full compliance with federal laws. Contrary to accusations made by the members of the Conservative government, I am not a lobbyist, nor have I ever been paid to lobby the federal government. I was unaware of how my role was portrayed on the Sun & Partners website, and am concerned that it is not sufficiently clear in its description of the nature of my work. As such, I have asked that my profile, including any reference to lobbying, be removed from the Sun & Partners website. I apologize for any confusion this may have caused."

And his profile has very suddenly been revamped to take out references to lobbying and then just as suddenly changed again, or obliterated, really as you can see here. UPDATE: Now the page is just blank too.

Not long after, Lee made the unusual move to refer his situation to the federal ethics commissioner for her judgement on whether he has complied with conflict of interest rules and the Lobbying Act.

Lee's connection to Sun and Partners was first disclosed last week by conservative blogger Stephen Taylor.

The Conservatives only raised it today, a day after MPs from all parties voted to expand lobbying rules to cover MPs that act as parliamentary secretaries to cabinet ministers.

But Liberals balked at a Conservative bid to expand the rules to cover the leader of the opposition and all MPs.

Now, the Conservatives' motive for waiting is clear.

Lee, who's been an MP since 1988, disclosed to the federal conflict of interest commissioner that he receives "business income from Sun and Partners, a law firm."

And according the commissioner's website, Lee is in compliance with all the rules and regulations.

But a search of the lobbyists registry shows no reference to Sun and Partners having registered. Nor is there any entry for Derek Lee.

The Lobbying Act does not specifically preclude MPs from working as lobbyists.

It's also silent on whether MPs would need to register.

The Act does excludes the following public officials from registration as lobbyists when they are acting in their official capacity:

• Members of the legislature of a province or territory or their staff;
• Employees of provincial and territorial governments; 
• Members of local or municipal governments or their staff; 
• Employees of local or municipal governments; 
• Members of the council of a band as defined in subsection 2(1) of the Indian Act or of the council of an Indian band established by an Act of Parliament, or their staff; 
• Members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or self-government provisions contained in a land-claims agreement given by or under an Act of Parliament, their staff or members or employees of that government or institution; 
• Diplomatic agents, consular officers, or official representatives in Canada of foreign governments; and 
• Officials of a specialized agency of the United Nations or officials of any other international organization granted privileges and immunities by Parliament.      
  

In the meantime, the Conservatives sent out talking points today, suggesting the Liberals and their party leader, Michael Ignatieff, clearly don't understand how Canada's lobbying laws work.